Is there any case law where a witness was not furnished in confidence?

California, United States of America


The following excerpt is from People v. Otte, 214 Cal.App.3d 1522, 263 Cal.Rptr. 393 (Cal. App. 1989):

[214 Cal.App.3d 1529] In making its determination that the information was not furnished in confidence, and thus that the privilege did not apply, the court appeared to rely on language in a case cited by defense counsel, Shepherd v. Superior Court (1976) 17 Cal.3d 107, 130 Cal.Rptr. 257, 550 P.2d 161, to the effect that "it cannot be maintained that voluntary statements of a criminal suspect to investigating authorities are 'confidential.' " (Id., at p. 124, 130 Cal.Rptr. 257, 550 P.2d 161.) Before addressing the issue of confidentiality, it is important to discuss the nature of the privilege in Evidence Code section 1041.

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